Can contractor get a judgement lien after mechanics lein is older than 90 days?
Can a contractor get a judgement lien against an LLC property that has not yet paid him, and the mechanic lien is older than 90 days?
Re: Can contractor get a judgement lien after mechanics lein is older than 90 days?
Yes, absolutely!
The sequence of events:
1. Job is completed, client doesn't pay.
2. Contractor records mechanic's lien.
3. Within 90 days, contractor sues.
4. A year or two later, the case goes to trial. LLC loses; judgment for contractor.
5. Contractor records judgment lien in county where LLC's property is. This lien will be good for ten years and can be renewed.
6. Contractor moves to foreclose judgment lien by execution on any or all of the LLC's property in that county - can be property other than that which the contractor worked on.
Moral of the story: a mechanic's lien is not the same as a judgment lien, but the former can turn into the latter if the contractor sues and wins.
Re: Can contractor get a judgement lien after mechanics lein is older than 90 days?
Yes, absolutely!
The sequence of events:
1. Job is completed, client doesn't pay.
2. Contractor records mechanic's lien.
3. Within 90 days, contractor sues.
4. A year or two later, the case goes to trial. LLC loses; judgment for contractor.
5. Contractor records judgment lien in county where LLC's property is. This lien will be good for ten years and can be renewed.
6. Contractor moves to foreclose judgment lien by execution on any or all of the LLC's property in that county - can be property other than that which the contractor worked on.
Moral of the story: a mechanic's lien is not the same as a judgment lien, but the former can turn into the latter if the contractor sues and wins.
